Is there a European alternative to the American DMCA?

Answer

The DMCA, in the United States, is an update of their then-outdated copyright law to incorporate the reality of the Internet, and address the gray zone created by the peer-to-peer distribution of (often illegal) copies. It allows to file a complaint in a standardized form with a provider, because they suddenly became responsible for all content, but in Europe DMCA does not apply. There is no European equivalent, but some countries have similar legislation. As a rule, all creative work (including websites and programming code) in Europe is protected by at least the minimum European copyright guidelines, which have been drawn up with the intention of harmonizing everything, but the implementation often differs from country to country.

In Belgium you can contact the provider or the provider association ISPA, they may be able to help you with contact details of their Spanish counterpart. In Spain you will probably hear mention of the Sinde law, recently enacted, whereby an independent commission assesses complaints. That procedure is explained in English at http://www.lexology.com/library/detail.aspx?g=a2268f18-d0cc-4289-a110-13dac4d66d0c , but you can probably find more information about this route via the internet with with the help of someone who speaks Spanish. Another law that penalizes infringements (ley Lassalle) seems to be under discussion in Spain at the moment.

You can always send a ‘cease and desist letter’ to the owner of the website, in which you threaten legal prosecution, but that leaves more impression if it comes from a lawyer. In any case, some European providers also respond positively to complaints in DMCA form, others throw them in the trash – international copyright enforcement is still anything but streamlined.

If you are considering legal action, proper legal advice is recommended. A Wetswinkel in your area can already refer you to suitable persons with knowledge of (international) copyright law. An email also never hurts to other organizations that may be able to refer you further: The European Intellectual Property Helpdesk ( https://www.iprhelpdesk.eu/ ), the center for IP law of the KUL ( http://www. law.kuleuven.be/cir/ ), and if it concerns a commercial enterprise or non-profit association, the entrepreneurs and non-profit associations in our country.